After a series of legal disputes, the Department of Health of Albany County, New York State has published regulations for enforcing The Toxic Free Toys Act (Local Law No. 1 of 2015/No. J for 2014, see Regulatory Update us_15_003 for details). The regulations shall be effective on 1 November 2017.
Without contradicting provisions of federal laws like the Consumer Product Safety Act (CPSA) and the Federal Hazardous Substances Act (FHSA), the Toxic Free Toys Act Regulations shall apply to products and apparel for children aged 12 and under.
Chemical requirements
|
Toxic chemical |
Limit |
Test methods used by the Department |
|
|
Surface coating |
Accessible substrate |
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|
Antimony |
≤ 60 ppm (soluble) |
≤60 ppm (soluble) |
·XRF as per CPSC-CH-E1001-08.3 or
CPSC-CH-E1002-08.3 |
|
Arsenic |
≤ 25 ppm (soluble) |
≤25 ppm (soluble) |
|
|
Cadmium |
≤ 75 ppm (soluble) |
≤75 ppm (soluble) |
|
|
Lead |
≤ 90 ppm (soluble) |
≤100 ppm (total) |
|
|
Mercury |
≤ 60 ppm (soluble) |
≤60 ppm (soluble) |
|
|
Benzene |
No county-level requirements shall be enforced by the Department at the moment. |
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|
Cobalt |
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Attestation of Compliance
A person selling or offering for sale children's products or apparel shall submit annually the Attestation of Compliance (AOC) (see attachment below) to the Department. The duly signed AOC shall mean to attest the products are compliant with both Federal and Albany County Laws. The deadlines for submission are as follows:
• All current sellers shall submit no later than 1 December 2017.
• Entities established after 1 November 2017 shall submit no later than 30 days following the first day of operation.
Exemptions
The above requirements shall not apply to:
1. Used children's products or apparel that are sold or distributed for free at second-hand stores, yard sales, or donated to charities
2. Children's products or apparel sold exclusively on the internet
3. Protective sporting equipment designed to prevent injury, including, but not limited to, helmets, athletic supporters, knee pads or elbow pads
4. Batteries, consumer electronics or electronic components, paper products, or a drug, biologic, medical device, food, or food additive regulated by the US Food and Drug Administration
Note
♦ Children's product: a toy or other article, primarily intended for use by children.
♦ Children's apparel: any item of clothing that consists of fabric or related material intended or promoted for use in children's clothing.
